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Does a Wrongful Dismissal Terminate Post-employment Fiduciary Duties or Restrictive Covenants

September-1-2004

Lawyer Joe Conforti
Area Employment and Labour

Summary


Article originally published in Executive Employment, Volume XI, No. 3, September 2004

Excerpt from "Does a Wrongful Dismissal Terminate Post-employment Fiduciary Duties or Restrictive Covenants":

In reliance of this principle, substantial additional severance or even punitive damages may be awarded should an employer deal with its employment dispute in "bad faith."  A typical example, viewed by the courts as a "hardball" intimidation tactic in litigation, is an unfounded allegation by employers of just cause for dismissal or other employee misconduct combined with a refusal to provide appropriate notice of termination or severance pay.

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